LEGAL ENGLISH and COMMUNICATION SKILLS (BALLB Ist Sem Code:105) SYLLABUS: Unit-L: Comprehension and Composition A. Reading Comp
Total Page：16
File Type：pdf, Size：1020Kb
LEGAL ENGLISH AND COMMUNICATION SKILLS (BALLB Ist sem Code:105) SYLLABUS: Unit-l: Comprehension and Composition a. Reading Comprehension of General and Legal Texts b. Paragraph & Précis Writing c. Abstract Writing d. Note Taking e. Drafting of Reports and Projects f. Petition Writing Unit-II: Language, Communication and Law a. Meaning and Communication Approaches b. Types, Directions and Challenges c. Formal & Informal Communication d. Barriers to Communication e. Culture and Language Sensitivity f. Non-verbal Communication: Importance, Types (Paralanguage, Body Language, Proximity etc.) g. Legal Maxims h. Foreign Words, Urdu and Hindi Words i. Legal Counselling and Interviewing Unit-III: Legal Communication a. Legal Communication b. Mooting c. Reading and Analysis of Writings by Eminent Jurists (Cases, Petitions and Judgements) Unit-IV: Literature and Law a. Play ‘Justice’ by John Galsworthy (Justice was a 1910 crime play by the British writer John Galsworthy) and Arms and the Man by George Bernard Shaw b. Play ‘Final Solutions’ by Mahesh Dattani c. Mahashweta Devi’s story ‘Draupadi’ on Gender Inequality d. ‘The Trial of Bhagat Singh’ . Biography/Autobiography of Martin Luther and Nelson Mandela Notes: UNIT 3 b) MOOTING What is mooting? Mooting is the oral presentation of a legal issue or problem against an opposing counsel and before a judge. It is perhaps the closest experience that a student can have whilst at university to appearing in court. Why should one get involved in mooting? Mooting now forms a compulsory part of certain law courses, but is still a totally voluntary student-organised activity in other law schools. Whether or not mooting is compulsory at your law school, gaining mooting experience can have a positive impact on your future career. As many students will be aware, the legal profession is an increasingly difficult one to enter. Application forms for legal professional courses, solicitors’ firms and barristers’ chambers often demand that a candidate can provide evidence of their advocacy or mooting experience whilst at university (over and above any of the more traditional areas of advocacy such as debating). Mooting may also help you to build confidence in public speaking, general research, and presentation skills. In other words mooting experience can benefit every student whether or not they plan to follow a traditional legal career path upon graduation. How is mooting done? The Problem A typical moot problem is concerned solely with a point (or points) of law. Normally it will take the form of a case heard on appeal from a lower court with the grounds of appeal clearly stated. The Teams A moot usually consists of four speakers, divided into two teams, each consisting of a leading and junior counsel. One team represents the appellants, the other the respondents. Mooters may be judged individually or as a team. The Moot Court The moot 'court' should reflect, as far as possible, a courtroom scenario in reality. The moot is presided over by at least one judge who delivers a judgment at the end of the moot on the law and on the result of the moot itself. The presiding judge is supported by the clerk of the moot who is responsible for providing the judge, when required, with a copy of each legal authority cited by the mooters in the course of their arguments. The clerk also times the moot speeches. The two teams of mooters sit at separate tables, taking turns to stand to present their arguments to the moot court. A moot 'speech' will normally have a time limit of between 15 and 20 minutes. So be prepared to be on your feet, either presenting your argument or answering questions about your argument, for that amount of time. For the duration of their arguments the mooters are required to maintain the appropriate courtroom manner (remembering, amongst other things, to address the court and fellow counsel in the accepted form). Further, to add a touch of authenticity to the moot, the participants are often required to wear gowns. Preparing for a Moot Identifying the grounds for appeal Mooters should first read the moot problem carefully in order to ascertain the precise grounds of appeal. The grounds are usually stated in the body of the problem, but if they are not the grounds will have to be formulated on the basis of the decision of the lower court which is being appealed against. It is perhaps a good idea to re-write the grounds of appeal in your own words in order to ensure that you understand the essence of what you will be arguing before you commence your research. Conducting research It may sound obvious, but ensure from the start that you and your moot partner know which side you are arguing for (i.e.) either the appellant or the respondent). Given that most moots are team competitions, it may be convenient to divide the research between the leader and junior, but co- operation is essential because many moot teams lose because each team member is unsure what the other is arguing. Begin your research by consulting any text books with which you are most familiar. Then check the footnotes — they are often a godsent to a mooter. Having ascertained which footnotes are relevant, make a note of the particular principles or points of law to which the particular footnote refers and write against each point the name of each statute, case, article, or book to which you are being referred. That will give you a start but expect many gaps in your research at this stage. You may also wish to consult old editions of text books (as this can contribute to the understanding of the points of law at issue by placing them in their historical context). Then continue by researching all the references that you have unearthed carefully making a note of any gaps in the research as they appear. Textbooks are not of course designed as aids to mooting and, consequently, they might be too general and thus of limited assistance. If this is the case you will need to consult one of the practitioner texts—such as the relevant volume of Halsbury’s Laws. Other publications worth consulting in the initial stages of your research are Atkin’s Court Forms and The Encyclopaedia of Forms and Precedents. In order to ensure that you are up-to-date don’t forget to check Current Law and its yearbooks and citators and Current Law Statutes Annotated. Finally check any internet service to which you have access for the most recent developments. While citing information from internet retrieval sites in moot speeches should be avoided, the internet can provide a rich source for other useful information such as statistics. By this stage you will probably have to cut down the material — you may be limited by the moot rules as to the number of cases and authorities that you may refer to, but it is best to concentrate only on the most relevant cases and avoid excessive citation of authorities in any event. Structuring and presenting the argument Having decided what view you are expected to persuade the judge to accept, you must now work out how your argument is to progress to that conclusion. The easiest way to note down the required stages of the argument is by arranging each discrete point in a sensible order and then numbering them accordingly. Generally, assume that the moot judge is familiar with the area of law in question and do not commence your argument on too basic a level. It may also be an idea to start with a point of law that is uncontroversial in order to find your feet before considering issues upon which you are likely to be questioned and contradicted. Be brief and make your submissions as intelligible as possible, avoiding excessive use of legal jargon. When formulating your arguments, bear in mind basic issues such as the doctrine of precedent (for instance, if the moot is in the Court of Appeal, do not propose inviting the court to overrule a decision of the House of Lords in order to facilitate your argument — although you might ask the court to distinguish any such troublesome case). Make a proper note of the full citations upon which you intend to rely, for easy reference during the course of your speech. Be sure also that you can give a page reference for every passage cited from a judgment. Do not refer to authorities for the sake of it - the judge may question you in detail on any particular case mentioned - instead be prepared to recite a precise proposition of law that you think any case cited is authority for. Take care when referring to secondary sources and above all remember that you are not writing an essay! Finally, after all that — do not read out your moot speech. It is an aide memoir only. The moot will test not only your ability to present the argument, but also your response to questions and flexibility when interrupted by the judge. Organizing a mooting competition Most law schools will have a student committee, one member of which will be responsible for mooting. This central figure has traditionally been given the rather curious name of 'master (or mistress) of the moots' at many law schools. This may be the person to make initial contact with in your law school. Alternatively, a member of staff may co-ordinate mooting activities. Either way, most law schools will have up-and-running internal mooting competitions and also enter teams in external inter-university competitions. You will probably find that such competitions are already ongoing at your law school, but if this is not the case the basics of organizing a moot competition are as follows: Establish the rules - Consider the rules which should be adopted for the competition, including the order in which the mooters are to speak, the timing of the moot speeches, whether or not the clock will be stopped during any questioning of the mooters by the judge, and whether the appellant team should be permitted a right of reply.